GUIDANCE

Waivers and Exemptions

FDA Guidance on Waivers and Exemptions Beyond the Stabilization Period

Guidance on applying for WEEs

If you're a small dispenser considering requesting a waiver for more time to become DSCSA compliant, it's important to consider the potential outcomes. For example, distributors may still require complete DSCSA data, like EPCIS, affecting revenue and customer relations. LSPedia offers expert support to help you achieve compliance with our OneScan suite software. Contact LSPedia for guidance on submitting a WEE today.

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WAIVERS AND EXEMPTIONS

Frequently Asked Questions

What happens if my WEE request is denied?

If a WEE request is denied, the FDA will provide a written explanation for the denial. The trading partner may submit additional information or a revised request if appropriate.

Can a WEE request be expedited?

Expedited review may be requested if there is an urgent need, such as an imminent risk to public health. However, the decision to expedite is at the FDA's discretion.

How long does it take for the FDA to review a WEE request?

The review time for WEE requests can vary depending on the complexity of the request and the volume of submissions. The FDA aims to review and respond to requests as efficiently as possible, but there is no guaranteed timeframe.

How can companies apply to be early adopters of LSPedia’s WEE Management Module?

Companies can apply to join the Beta Program for LSPedia’s WEE Management Module by clicking this link. Early adopters will have their license fees waived for 2024.

Can multiple waivers, exceptions, or exemptions be requested in a single submission?

Yes, multiple waivers, exceptions, or exemptions can be requested in a single submission, provided each request is clearly justified and documented.

Can a WEE request be submitted for products already in distribution?

Yes, a WEE request can be submitted for products already in distribution if compliance with specific DSCSA requirements is infeasible or poses significant challenges.

Are there fees associated with submitting a WEE request?

No, there are currently no fees for submitting a WEE request to the FDA.

As a secondary wholesaler, if the FDA approves my waiver submission, how does the waiver effect my business?

Without receiving DSCSA compliant EPCIS data, generating product trace information becomes challenging, potentially effecting your status as a preferred supplier.

How do I submit a WEE request?

WEE requests must be submitted electronically via the FDA's online portal. The submission should include detailed information about the request, the justification for the waiver, exception, or exemption, and any supporting documentation.

What information is required for a WEE submission?

A WEE submission requires: - Identification of the specific DSCSA requirement(s) for which the request is being made. - A detailed explanation of the circumstances or conditions justifying the request. - Supporting documentation, such as risk assessments, scientific evidence, or other relevant data.- Contact information for the individual or entity submitting the request.

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